Judge: Jon R. Takasugi, Case: 23STCV02710, Date: 2024-05-08 Tentative Ruling

Case Number: 23STCV02710    Hearing Date: May 8, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s motion to compel responses from Plaintiff Gal Mose Faigel to its Form Interrogatories is GRANTED. Defendant is sanctioned, jointly and severally with counsel, $700.00.

Defendant’s motion to compel responses from Plaintiff Gal Mose Faigel to its Special Interrogatories is GRANTED. Defendant is sanctioned, jointly and severally with counsel, $700.00.

Defendant’s motion to compel responses from Plaintiff Gal Mose Faigel to its RFPs is GRANTED. Defendant is sanctioned, jointly and severally with counsel, $700.00.

Defendant’s motion to have its RFAs deemed admitted as to Plaintiff Gal Mose Faigel is GRANTED. Defendant is sanctioned, jointly and severally with counsel, $700.00.

            On  2/3/2023, Plaintiffs Gal Moshe Faigel (Faigel) and Ronit Malmud (Malmud) (collectively, Plaintiffs) filed suit against California Automobile Insurance Company aka Mercury Insurance, alleging: (1) breach of insurance contract; and (2) breach of covenant of good faith and fair dealing.

            Now, Defendant moves to compel responses from Faigel to its Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Production (RFPs) (Set One), and to have its Requests for Admission (RFAs) deemed admitted as to Faigel. Defendant also seeks monetary sanctions in connection to these motions.

Discussion

I.                   Form Interrogatories

            On 7/24/2023, Defendant served Plaintiff Faigel with Form Interrogatories. Despite granting Plaintiff an extension to respond, to date, no response has been served.

            Plaintiff did not oppose this motion, and thus has not set forth any substantial justification for the failure to respond.

            Based on the foregoing, Defendant’s motion to compel responses to its Form Interrogatories is granted. Faigel is sanctioned, jointly and severally with counsel, $700 per motion. ($350/hr x 2 hr.)

II.               Special Interrogatories

            On 7/24/2023, Defendant served Plaintiff Faigel with Special Interrogatories. Despite granting Plaintiff an extension to respond, to date, no response has been served.

            Plaintiff did not oppose this motion, and thus has not set forth any substantial justification for the failure to respond.

            Based on the foregoing, Defendant’s motion to compel responses to its Special Interrogatories is granted. Faigel is sanctioned, jointly and severally with counsel, $700 per motion. ($350/hr x 2 hr.)

III.            RFPs

On 7/24/2023, Defendant served Plaintiff Faigel with RFPs. Despite granting Plaintiff an extension to respond, to date, no response has been served.

            Plaintiff did not oppose this motion, and thus has not set forth any substantial justification for the failure to respond.

            Based on the foregoing, Defendant’s motion to compel responses to its RFPs is granted. Faigel is sanctioned, jointly and severally with counsel, $700 per motion. ($350/hr x 2 hr.)

IV.            RFAs

On 7/24/2023, Defendant served Plaintiff Faigel with RFAs. Despite granting Plaintiff an extension to respond, to date, no response has been served.

            Plaintiff did not oppose this motion, and thus has not set forth any substantial justification for the failure to respond.

            Based on the foregoing, Defendant’s motion to have it RFAs deemed admitted is granted. Faigel is sanctioned, jointly and severally with counsel, $700 per motion. ($350/hr x 2 hr.)

It is so ordered.

Dated:  May   , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.